Publications by Area of Law


Costs Budgeting

Source: New Law Journal
Barrister: Charles Auld
Area of Law: Commercial and Chancery
Date: 25th March 2016
Summary: Charles Auld and academic pupil, Dr Kate Harrington have joined forces again to write an article which is published in the New Law Journal.  They examine costs budgeting in some detail, arguing that, whilst at first sight it looks an attractive solution, rather than reducing the overall costs faced by litigants, it can actually make a significant increase in those costs.  They conclude that Costs Budgeting is “effectively expensive informed guesswork that exerts no control on the overall costs of litigation”.

 

 

Witness Statements must be served on time – or automatic sanctions bite

Source: St John’s Chambers
Barrister: Rebecca Taylor
Area of Law: Construction and Engineering and Personal Injury
Date: 22nd April 2014
Summary: Rebecca looks at how witness statements must be served on time.

A different Court of Appeal takes a different view on Jim Ennis, Aspect Contracts

Source: St John’s Chambers
Barrister: Andrew Kearney
Area of Law:  Construction and Engineering  
Date: 11th February 2014
Summary: Andrew shares his reaction to the recent case of Walker Construction (UK) Ltd v Quayside Homes Ltd & Anor [2014] EWCA Civ 93 (7 February 2014), and describes how a differently constituted Court of Appeal has taken a different view on Jim Ennis, Aspect Contracts and when the limitation period expires for proceedings seeking a final determination after an Adjudication.

Download article: Walker v Quayside

Will the latest Court of Appeal decision on Adjudication cause chaos and unfairness?

Barrister: Andrew Kearney
Area of Law: Construction and Engineering
Summary: Andrew shares his reaction to the recent case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 (29 November 2013). The Court of Appeal handed down its decision on 29th November 2013 in Aspect Contracts v Higgins Construction.  This was a case about the relationship between the limitation period within which a claim for breach of contract must be made and the ‘interim’ nature of Adjudicators’ decisions.

 

Natural Justice and Adjudicators’ Fees

Source: St John’s Chambers
Barrister: Andrew Kearney and Rebecca Taylor
Area of Law: Building, Construction and Engineering 
Date: 24th October 2012
Summary: Adjudicators’ fees. Court of Appeal overturns Systech v PC Harrington. Rebecca Taylor and Andrew Kearney explain the issues and review the Court of Appeal’s decision.

Download article: Natural Justice and Adjudicators Fees

New statutory regime for construction contracts comes into force

Source: St John’s Chambers
Barrister: Andrew Kearney
Area of Law: Construction
Date: 1st, September 2011

Download article: New statutory regime for construction contracts comes into force

Stead & Lavers Damage to buildings by tree roots

 

Source: Construction Law
Barrister: Richard Stead
Date: 1st, March 1999
Area of Law: Building, Construction and Engineering